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2025 DAILYLAW 17674 (KAR)

SRI.SALA SHEKHARA N v. STATE OF KARNATAKA BY

CRL.P/2270/2025 · 2025-02-20

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:7653 CRL.P NO.2270 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.2270 OF 2025 BETWEEN: SRI. SALA SHEKHARA N. S/O NARASIMHAPPA AGED ABOUT 35 YEARS, R/AT KOTAGAL VILLAGE, SADALI HOBLI, SHIDLAGATTA TALUK, CHIKKABALLAPURA DISTRICT - 562 104. …PETITIONER (BY SRI. MANJUNATHA A.C., ADVOCATE) AND: 1. STATE OF KARNATAKA BY DIBBURA HALLI POLICE STATION, CHIKKABALLAPURA - 562 105 REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. GANGOTHRI D/O LATE KRISHNAPPA AGED ABOUT 19 YEARS R/AT KOTAGAL VILLAGE, SADALI HOBLI, SHIDLAGATTA TLAUK, CHIKKBALLAPURA DISTRICT - 562 104. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. SHEKARAPPA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE(U/S 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS ON THE FILE OF THE Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:7653 CRL.P NO.2270 OF 2025 LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I AT CHIKKABALLAPURA IN SPL.S.C.NO.186/2024 (IN CRIME NO.121/2024) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 376(2)(n) OF THE INDIAN PENAL CODE; SECTIONS 5(j)(ii), 5(l), 5(n) AND 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT; AND SECTION 9 OF THE PROHIBITION OF THE CHILD MARRIAGE ACT AGAINST THE PETITIONER VIDE ANNEXUER-A. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following reliefs:- "Quash the entire proceedings on the file of the learned Addl. District and Sessions Judge, FTSC-I (POCSO), at Chikkaballapura in Spl.S.C. No.186/2024 (in Crime No.121/2024) for the alleged offences punishable under Section 376(2)(n) of the Indian Penal Code; Section 5(j)(ii), 5(l), 5(n) and 6 of the Protection of Children from Sexual Offences Act, 2012; and Section 9 of the Prohibition of Child Marriage Act, 2006 against the petitioner vide Annexure-A and grant any such other relief/s as this Hon'ble Court dems fit in the facts and circumstances of the case, in the interest of justice." 2. Learned counsel for the petitioners–accused and learned counsel for the respondent No.2–complainant have filed a separate affidavits duly signed by the petitioner and the respondent No.2 and the same have been taken on record. - 3 - NC: 2025:KHC:7653 CRL.P NO.2270 OF 2025 3. Petitioner–accused and respondent No.2-complainant and their respective counsels are physically present before the Court and they admit the contents of the Affidavits, which reads as under:- Affidavit filed by the petitioner-accused: "AFFIDAVIT I, Sala Shekahara N., S/o Narasimhappa, aged about 35 years Residing at, Kotagal Village, Sadali Hobli, Shidlagatta Taluk, Chikkaballapura District - 562 104, now at Bengaluru, do hereby state as follows: 1. I submit that, I am the Petitioner in the above case and I know the facts of the case. Hence, I am deposing to. 2. I swear that, the Respondent No.1 herein has registered a case in Crime No.121/2024 for the offence punishable under section 376(2)(n) of the Indian Penal Code and under section 5(J)(II), 5(L), 5(n) and 6 of the Protection of Children from Sexual Offences Act, 2012 and under section 9 of the Prohibition of Child Marriage Act, 2006 against me and after investigating the case the 1st respondent filed a charge sheet before the learned Addl., District and Sessions Judge, FTSC-I, at Chikkaballapura against the Accused/Petitioner herein now pending on the file of the learned Addl., District and Sessions Judge, FTSC-I, at Chikkaballapura. 3. I swear that, after investigation of the case the 1st respondent submitted a charge sheet in Spl.S.C.No.186/2024 (in Crime No.121/2024) for the offence punishable under Section 376(2)(n) of the Indian - 4 - NC: 2025:KHC:7653 CRL.P NO.2270 OF 2025 Penal Code and under Section 5(J)(II), 5(L), 5(n) and 6 of the Protection of Children from Sexual Offences Act, 2012 and under section 9 of the Prohibition of Child Marriage Act, 2006 pending on the file of the learned Addl., District and Sessions Judge, FTSC-I (POCSO) at Chikkaballapura District, during the course of these proceedings at the intervention of the elders and well wishers of respective family the dispute between me and the 2nd respondent was settled out of court. 4. I swear that, during the curing of these proceedings, the 2nd respondent attained the age of majority and married to me on 31.01.2025 and same was registered before the registrar of marriage, Shidlaghatta, Chikkaballapura District. Further, I swear that, in view of intervention of elder and well wishers of our respective family members, we settled our disputes in presence of the respective well wishers in out of court. In view of the said settlement the said case filed by me may be quashed. 5. I swear that, the affidavit filed with my true and will and consent without any pressure corrosion. 6. I swear that, if the affidavit allowed no hard ship would caused to Respondent, contrary if rejected I will be put to grate hardship and inconvenience and injustice. WHEREFORE, I pray that this Hon'ble Court be pleased to Quash the entire proceedings o the file of the learned Addl. District and Sessions Judge, FTSC-I(POCSO), at Chikkaballapura, in Spl.S.C.No.186/2024 (in Crime No.121/2024) for the alleged offences punishable under section 376(2)(n) of the Indian Penal Code and under Section 5(J) (II), 5(L), 5(n) and 6 of the Protection of Children from Sexual - 5 - NC: 2025:KHC:7653 CRL.P NO.2270 OF 2025 Offences Act, 2012 and under Section 9 of the Prohibition of Child Marriage Act, 2006 against me in the interest of justice. I, the deponent do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, information and belief." Affidavit filed by the respondent No.1-complainant: "AFFIDAVIT I, Smt. Gangothri, D/o. Late Krishnappa, W/o Sala Shekhara N., Aged about 19 years, Residing at Kotagal Village, Sadali Hobli, Shidlagatta Taluk, Chikkaballapura District - 562 104, now at Bengaluru, do hereby state as follows: 1. I submit that, I am the complainant and /victim in the above case and I know the facts of the case. I am deposing to. 2. I swear that, on the basis of my complaint, the 1st Respondent herein has registered a case in Crime No.121/2024 for the offence punishable under section 376(2)(n) of the Indian Penal Code and under section 5(J)(II), 5(L), 5(n) and 6 of the Protection of Children from Sexual Offences Act, 2012 and under section 9 of the Prohibition of Child Marriage Act, 2006 and after investigating the case the 1st respondent filed a charge sheet before the learned Addl., District and Sessions Judge, FTSC-I, at Chikkaballapura against the petitioner herein now pending on the file of the learned Addl., District and Sessions Judge, FTSC-I, at Chikkaballapura. 3. I swear that, during the curing of these proceedings, I have attained the age of majority and married to the 1st petitioner on 31.01.2025 and same was registered on - 6 - NC: 2025:KHC:7653 CRL.P NO.2270 OF 2025 06.02.2025. Further, I swear that, in view of intervention of elder and well wishers of our respective family members, we settled out disputes in presence of respective well wishers in out of court, in view of the said settlement, I am not interest to prosecute the above said case. As such, the said case filed by me may be quashed. 4. I swear that, in order to preserve the precious time of the trial court this affidavit is filed to quash the proceedings in Spl.S.C.No.186/2024 (in Crime No.121/2024), pending before the learned Addl. District and Sessions Judge, FTSC-I, At Chikkaballapura for the offences punishable under Section 376(2)(n) of the Indian Penal Code and under Section 5(J)(II), 5(L), 5(n) and 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 9 of the Prohibition of Child Marriage Act, 2006. 5. I sear that, I had filed this affidavit on my own and will and consent without compulsion or pressure from any one.. WHEREFORE, I pray that this Hon'ble Court may be pleased to affidavit may be taken on record and proceedings in Spl.S.C.No.186/2024 (in Crime No.121/2024, pending before the learned Addl. District and Sessions Judge, FTSC- I(POCSO), AT Chikkaballapura for the offence punishable under section 376(2)(n) of the Indian Penal Code and under Section 5(J) (II), 5(L), 5(n) and 6 of the Protection of Children from Sexual Offences Act, 2012 and under Section 9 of the Prohibition of Child Marriage Act, 2006 registered by respondent No.1 Dibburahalli Police Station, Chikkaballapura District may be quashed, in the interest of justice. - 7 - NC: 2025:KHC:7653 CRL.P NO.2270 OF 2025 I, the deponent do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, information and belief." 4. In view of the settlement entered into between the petitioner-accused and the respondent No.2-complanant as stated in their affidavits, I pass the following: O R D E R (1) The Criminal Petition is disposed of in terms of the affidavits. (2) The proceedings in Spl.S.C.No.186/2024 arising out of Crime No.121/2024 registered by Dibburahalli Police Station, Chikkaballapura pending on the file of Additional District and Sessions Judge, FTSC-I, Chikkaballapura insofar as the petitioner-accused is concerned are hereby quashed. SD/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 51